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2007 12 18 |
Regarding granting of licences to engage in the trade in unpackaged petroleum products
(As amended by Resolution No 232 of 1 March 2004, Resolution No 1389 of 8 November 2004, Resolution No 94 of 31 January 2006)
Vilnius
The Government of the Republic of Lithuania has resolved:
1. To approve the Rules governing issuance of licences to engage in the trade in unpackaged petroleum products (as appended).
2. To establish that:
2.1. Licences issued to enterprises before the entry into force of this Resolution to engage in the trade in imported, exported and locally produced unpackaged liquid fuel (heavy fuel oil), diesel (diesel fuel) and other gas oils supplied as fuel stocks for ships, and licences to engage in the trade in imported, exported and locally produced unpackaged aviation fuel, jet fuel supplied as fuel stocks for aircraft, after relevant revision by the Ministry of Economy but not later than by 1 July 2004, shall authorize both engagement in the trade in unpackaged liquid fuel, diesel (diesel fuel) and other gas oils supplied as fuel stocks for ships and engagement in the trade in unpackaged aviation fuel and jet fuel supplied as fuel stocks for aircraft.
2.2. Territorial state tax inspectorate offices and state social insurance offices must, after the end of each month but not later than by the 20th day of the next month, inform the Licensing Authorities about tax arrears owed (status of the data on the 1st day of each month) by enterprises holding licences to engage in the wholesale and retail trade in unpackaged petroleum products to the State budget of the Republic of Lithuania, municipal budgets, funds to which taxes are administered by the State Tax Inspectorate, as well as debts owed to the budget of the State Social Insurance Fund.
2.3. Territorial state tax inspectorate offices and territorial state social insurance offices, upon request of the Licensing Authorities issuing licences to trade in unpackaged petroleum products must, within 10 working days, provide the requested information to the said Authorities regarding any tax arrears owed by the enterprise seeking to obtain licences to engage in the wholesale or retail trade in unpackaged petroleum products to the State budget of the Republic of Lithuania, the respective municipal budget or funds to which taxes are administered by the State Tax Inspectorate, as well as any debts owed to the budget of the State Social Insurance Fund.
2.4. Officers authorised by territorial police offices must regularly, at least once in two years, carry out checks on enterprises holding licences to engage in the wholesale or retail trade in unpackaged petroleum products. When carrying out such checks, the said officers may bring in specialists in the relevant field.
2.5. Territorial police offices, territorial financial crime investigation services and territorial state tax inspectorate offices, upon request of the Licensing Authorities issuing licences to trade in unpackaged petroleum products must, within 10 working days, provide information within their competence necessary to issue or revise licences (when revision concerns the legal form, name, registered address of the enterprise concerned, or a new code is given to the enterprise).
Prime Minister Algirdas Brazauskas
Minister of Economy Petras Čėsna
APPROVED by
Resolution No 113
of the Government of the Republic of Lithuania of 28 January 2003
(Version of Resolution No 232 of the Government of the Republic of Lithuania of 1 March 2004)
RULES GOVERNING ISSUANCE OF LICENCES TO ENGAGE
IN THE TRADE IN UNPACKAGED PETROLEUM PRODUCTS
I. LICENCED ACTIVITY
1. The Rules governing issuance of licences to engage in the trade in unpackaged petroleum products (hereinafter referred to as “these Rules”) shall regulate the issuance of licences to engage in the wholesale and retail trade in unpackaged petroleum products. The list of unpackaged petroleum products covered by these Rules and codes ascribed to them in accordance with the Combined Nomenclature of Goods are provided in the Annex to these Rules.
2. The wholesale and retail trade in unpackaged petroleum products and the trade in unpackaged petroleum products supplied as fuel stocks for ships and aircraft as well as the retail trade in automotive liquefied petroleum gas (hereinafter referred to as “unpackaged petroleum products”) shall be authorized subject to a licence of the prescribed form.
II. TYPES OF LICENCES
3. Licences shall be of the following types:
3.2. to engage in the trade in unpackaged liquid fuel, diesel (diesel fuel) and other gas oils supplied as fuel stocks for ships;
3.3. to engage in the trade in unpackaged aviation fuel and jet fuel supplied as fuel stocks for aircraft;
3.5. to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel;
III. LICENSING AUTHORITIES AND THEIR POWERS
5. Licences to engage in the wholesale trade in unpackaged petroleum products, licences to engage in the trade in unpackaged petroleum products supplied as fuel stocks for ships or aircraft and licences to engage in the wholesale trade in the remains of unpackaged petroleum products shall be issued by the Ministry of Economy upon submission of the Commission for Licensing the Trade in Unpackaged Petroleum Products (hereinafter referred to as “the Licensing Commission”). The issue of licences shall be considered at a meeting of the Licensing Commission. The requirements set out in points 22.5-22.8 of these Rules shall not apply when issuing licences to engage in the wholesale trade in the remains of unpackaged petroleum products.
The Licensing Commission shall consist of the representatives authorised by the Ministry of Economy, the Police Department under the Ministry of the Interior and the State Tax Inspectorate under the Ministry of Finance. At a meeting of the Licensing Commission, the representatives authorised by the Police Department under the Ministry of the Interior and the State Tax Inspectorate under the Ministry of Finance shall provide information, within their competence, about shareholders holding at least 10% of the shares in the enterprises seeking to obtain licences to engage in the wholesale trade in unpackaged petroleum products, as well as chief executives, owners or general partners of these enterprises, also available information about the licensed activities of these enterprises (persons). The individual composition and the rules of procedure of the Licensing Commission shall be approved by order of the Minister of Economy.
6. Licences to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel, and licences to engage in the retail trade in the remains of unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel shall be issued by the Director of Municipal Administration upon submission of the Licensing Commission. The issue of licences shall be considered at a meeting of the Licensing Commission. The requirements set out in points 22.5-22.8 of these Rules shall not apply when issuing licences to engage in the retail trade in the remains of unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel.
The municipal Licensing Commission shall be comprised of the representatives authorised by the Director of Municipal Administration, the territorial police office and the territorial state tax inspectorate office. At a meeting of the Licensing Commission, the representatives authorised by the territorial police office and the territorial state tax inspectorate office shall provide information, within their competence, about shareholders holding at least 10% of the shares in the enterprises seeking to obtain licences to engage in the retail trade in unpackaged petroleum products, as well as chief executives, owners or general partners of these enterprises, also available information about the licensed activities of these enterprises (persons). The individual composition and the rules of procedure of this Commission shall be approved by the Director of Municipal Administration.
7. The Licensing Authority shall be required to ascertain whether the enterprise seeking to obtain a licence has any tax arrears owed to the State budget of the Republic of Lithuania, municipal budgets, funds to which taxes are administered by the State Tax Inspectorate or to the budget of the State Social Insurance Fund, as well as to check whether controlling state surveillance and law enforcement institutions have given any written notices and comments on the activities of the enterprise concerned.
8. The forms of licences issued to enterprises shall be approved by the Ministry of Economy. The licence shall specify the following information:
8.4. the requisites of the licence holder (name, legal form, code, registered address of the enterprise);
8.6. the address of the sales outlet (fuel filling station) (indicated in licences to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petrol gas, biodiesel or their remains;
8.7. the addresses of terminal facilities (storage facilities) where unpackaged petroleum products are kept or dispensed (indicated in licences to engage in the wholesale trade in unpackaged petroleum products or their remains and licences to engage in the trade in unpackaged petroleum products supplied as fuel stocks for ships or aircraft, issued to the enterprises that own or operate on the contractual basis the terminal (storage) facilities;
8.8. the names of unpackaged petroleum products covered by the licence and their codes in accordance with the Combined Nomenclature of Goods;
8.9. the quantity of the remains of unpackaged petroleum products by name (indicated in licences to engage in the wholesale trade in the remains of unpackaged petroleum products or the retail trade in the remains of unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel);
9. The Licensing Authority shall register the issued, amended and revised licences in a special ledger.
10. The Licensing Authority shall publish information about the licences issued, amended or revised in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios.
Notices shall include the following information: the name, code and registered address of the enterprise, the type, number and issuance date of the licence the names of unpackaged petroleum products and their codes in accordance with the Combined Nomenclature of Goods, the address of the retail outlet (fuel filling station) trading in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel, the date of the licence amendment or revision.
11. The Licensing Authority shall, within five working days after issuing licences to enterprises, suspending licences, lifting the suspension of licences or revoking licences, notify the Register of Legal Entities thereof in accordance with the procedure established by the Regulations of the Register of Legal Entities.
The Ministry of Economy shall provide information about the issuance of licences, their suspension and lifting of their suspension, as well as their amendment and revision to the State Tax Inspectorate under the Ministry of Finance and the State Social Insurance Fund Board on the basis of contracts on the provision of data, and the Director of Municipal Administration shall submit the said information to the territorial state tax inspectorate office, the state social insurance office and, in accordance with the procedure established by the Ministry of Economy, to the Ministry of Economy.
IV. ISSUANCE OF LICENCES
12. Licences may be issued to enterprises registered in the Republic of Lithuania and branches of foreign enterprises (hereinafter referred to as “enterprises”).
13. Licences to engage in the wholesale and retail trade in unpackaged petroleum products shall be issued for an indefinite period.
Licences to engage in the wholesale trade in the remains of unpackaged petroleum products or the retail trade in the remains of unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel shall be issued for the period requested by the enterprise in its application but not exceeding 2 months.
14. The enterprise engaged in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel in several sales outlets (fuel filling stations) shall be issued separate licences to engage in these activities at each outlet (fuel filling station).
15. The enterprise engaged in the wholesale trade in unpackaged petroleum products in several terminal (storage) facilities shall be issued one licence indicating addresses of all the terminal (storage) facilities.
16. The enterprise seeking to obtain a licence shall submit (delivering in person by the head of the enterprise or a person authorised by his letter) to the Licensing Authority an application of the form prescribed by the Ministry of Economy. The application shall contain the following information: the name, code, registered address and telephone number of the enterprise; the names, surnames and personal numbers of shareholders holding at least 10% of the shares in the enterprise, its chief executives, owners or general partners, or, where a shareholder is a legal entity, the name, legal form, code and registered address of that legal entity; the type of a commercial-economic activity which a licence is applied for; the list of unpackaged petroleum products to be traded in (indicating the codes of unpackaged petroleum products in accordance with the Combined Nomenclature of Goods).
17. The enterprise seeking to obtain a licence to engage in the wholesale trade in unpackaged petroleum products or licences to engage in the trade in unpackaged petroleum products supplied as fuel stocks for ships or aircraft shall submit the application referred to in point 16 of these Rules accompanied by the following documents:
17.1. copies of the registration certificate and the by-laws of the enterprise (except when the operation of enterprises is not governed by the by-laws) or another equivalent founding document duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
17.2. a declaration pertaining to the locations of the storage facilities and the sales outlets of unpackaged petroleum products. The declaration shall specify the addresses of the locations, the number of tanks (reservoirs), the numbers ascribed to each tank (reservoir) in accordance with the procedure established by the State Tax Inspectorate under the Ministry of Finance, tank capacity (in cubic meters), the ownership of the terminal (storage) facilities (whether the facilities are owned or operated on the contractual basis);
17.3. copies of the documents certifying the registration of the fuel tanks, totalizing meters or other measuring instruments for dispensing petroleum products with the county state tax inspectorate office (issued in accordance with the procedure established by the State Tax Inspectorate under the Ministry of Finance), duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
17.4. copies of the documents certifying the legal registration of the terminal (storage) facilities and tanks or copies of the contracts on the basis of which the terminal (storage) facilities and tanks are operated (when these terminal (storage) facilities and tanks are not owned by the enterprise), duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
18. The enterprise seeking to obtain a licence to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel shall submit the application referred to in point 16 of these Rules accompanied by the following documents:
18.1. copies of the registration certificate and the by-laws of the enterprise (except when the operation of enterprises is not governed by the by-laws) or another equivalent founding document duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
18.2. a copy of the document certifying the acceptance of the fuel filling station for use or a copy of the document certifying the legal registration of the station duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
18.3. a copy of the technical certificate of the cash register installed at the fuel filling station, duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
18.4. copies of the documents certifying metrological verification of the equipment at the fuel filling station (carried out in accordance with the procedure established by the State Metrology Service), duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
18.5. a copy of the contract on the basis of which the fuel filling station is operated (when the station is not owned by the enterprise), duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
19. The enterprise seeking to obtain a licence to engage in the wholesale trade in the remains of unpackaged petroleum products or the retail trade in the remains of unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel shall submit to the Licensing Authority the following documents:
19.1. an application containing the following information: the name, code, registered address and telephone number of the enterprise, the type of a licence applied for, the name, number and issuance date of the previous licence;
19.2. copies of the registration certificate and the by-laws of the enterprise (except when the operation of enterprises is not governed by the by-laws) or another equivalent founding document duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
19.3. data about the remains of unpackaged petroleum products in stock, the names of these products (indicating their codes in accordance with the Combined Nomenclature of Goods), the address of the terminal (storage) facilities where the products are kept and sold from, copies of the documents certifying legitimate acquisition of these products, duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal;
20. When the licence is lost, the enterprise, after providing a reasonable explanation thereof, a copy of the notice about the loss of the licence placed in the national printed media, and an order of payment endorsed by the bank or a receipt certifying the payment of a state fee of the established amount, shall be issued by the Licensing Authority a duplicate licence within five working days bearing the mark “Duplicate”.
V. LICENCE FEE
21. State fees shall be levied on the issuance and amendment of a licence, the revision of the requisites of the licence and the issuance of a duplicate licence in accordance with the procedure established by the Law of the Republic of Lithuania on Fees and Charges (Valstybės žinios No 52-1484, 2000) and the Government of the Republic of Lithuania.
VI. REFUSAL TO ISSUE A LICENCE
22. Licences shall not be issued when:
22.1. not all the required documents are submitted and the enterprise fails to comply with the request of the Licensing Authority to provide the lacking documents;
22.2. incomplete or incorrectly completed documents are submitted and the enterprise fails to comply with the request of the Licensing Authority to submit accurate data;
22.3. the submitted documents do not conform to the set requirements and the enterprise fails to comply with the request of the Licensing Authority to remedy these shortcomings;
22.4. an order of payment endorsed by the bank or a receipt certifying the payment of a state fee of the established amount has not been submitted;
22.5. written notices about breaches of the conditions of the activity have been issued by controlling state surveillance or law enforcement institutions and the enterprise has failed to remedy these breaches;
22.6. the enterprise has tax arrears owed to the State budget of the Republic of Lithuania, municipal budgets or funds to which taxes are administered by the State Tax Inspectorate (except when the payment of taxes, fines and penalties is deferred for the enterprise in accordance with the procedure established by legal acts of the Republic of Lithuania or when a tax dispute concerning these taxes, fines and penalties is pending) and debts owed to the budget of the State Social Insurance Fund;
22.7. the licence of the enterprise has been revoked in accordance with the provisions set out in any of points 42.3, 42.4, 42.5 or 42.6 (a licence shall not be issued for 5 years from the date of the revocation of the licence);
22.8. the licence of the enterprise has been revoked in accordance with the provisions set out in any of points 42.7 or 42.9 (licences shall not be issued at all);
22.9. a judgement has become effective against the chief executive or other employees of the enterprise seeking to obtain a licence (when they act on behalf of the enterprise or with the authorization issued by the legal entity) for contraband, illegal failure to take goods or products out of the Republic of Lithuania, illegal engagement in economic, commercial, financial or professional activity, or illegal activities of the enterprise if these criminal acts have been committed in the course of disposing of petroleum products (licences shall not be issued at all);
22.10. the enterprise has been prohibited, in accordance with the procedure established by laws, from engaging in the activity which a licence is applied for;
22.11. any shareholder holding at least 10% of the shares in the enterprise seeking to obtain a licence, the chief executive, owner or any general partner of this enterprise were (are) chief executives, owners, general partners or shareholders of the enterprises the licences whereof have been revoked in accordance with the provisions set out in any of points 42.3, 42.4, 42.5, 42.6, 42.7 or 42.9, if they have been convicted by an effective judgement for the criminal acts specified in point 42.7 of these Rules or an administrative penalty has been imposed on them for violations referred to in Article 998 of the Code of Administrative Offences of the Republic of Lithuania. When licences are revoked in accordance with the provisions set out in any of points 42.3, 42.4, 42.5 or 42.6 of these Rules, licences shall not be issued for 5 years, whereas when licences are revoked in accordance with the provisions set out in any of points 42.7 or 42.9, licences shall not be issued at all.
23. A licence shall be issued or a justified written refusal to issue a licence shall be given to the applicant within 30 days from the date of the receipt of all the required documents. When the applicant fails to submit all the required documents, the term shall be counted from the date of the submission of all the required documents (this term shall not include the period during which the enterprise submits additional or revised documents).
The enterprise shall not be issued a licence to engage in the retail trade in unpackaged petroleum products in the cases specified in points 22.5-22.10 of these Rules at those retail outlets where the said violations have been earlier discovered.
VII. TERMS AND CONDITIONS OF THE LICENCED ACTIVITY AND OBLIGATIONS OF LICENCE HOLDERS
24. The Licensing Authorities, the State Tax Inspectorate, the Police Department under the Ministry of the Interior, territorial police offices and specialised police offices, other controlling state surveillance and law enforcement institutions shall, within their competence, exercise control over the activities of the enterprises holding licences to engage in the wholesale trade in unpackaged petroleum products or the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel, also licences to trade in unpackaged petroleum products supplied as fuel stocks for ships or aircraft, as well as supervise compliance with the conditions of the licensed activity.
The controlling state surveillance and law enforcement institutions must without delay inform the Licensing Authority in writing of any breaches of the conditions of the licensed activity discovered at enterprises and the penalties imposed on them.
25. Licence holders must comply with the requirements set by laws of the Republic of Lithuania, resolutions of the Government of the Republic of Lithuania, these Rules, other legal acts governing the trade in petroleum products in the Republic of Lithuania, the transportation of petroleum products and their storage in fuel tanks, the accounting of petroleum products stored in fuel tanks, accountability and payment of relevant taxes, as well as rules and regulations relating to environmental protection, sanitary and hygiene, work safety, operation and maintenance of potentially dangerous equipment, fire safety and other technical rules.
26. Licence holders shall not authorize on their behalf other enterprises or their agents (natural persons) to carry out the licensed activity (or transfer the right to carry out this activity on the contractual basis).
27. The original licence shall be kept at the registered address of the enterprise indicated in the licence. A copy of the licence shall be displayed in a prominent place at the terminal (storage) facilities of unpackaged petroleum products and the fuel filling stations; the copy shall be duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal.
28. Licence holders obligated in accordance with the procedure established by legal acts to accumulate state stocks of petroleum products must accumulate the said stocks.
29. Licence holders engaged in the wholesale trade in unpackaged petroleum products, must:
29.1. keep unpackaged petroleum products in the storage facilities that have been metrologically verified in accordance with the procedure established by legal acts;
30. The enterprise holding a licence to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel may carry out this activity only in the business location the address of which is indicated in the licence (the provision does not apply to the delivery of marked diesel fuel intended for agricultural purposes and for the backwater and other inland fishery to agricultural entities in mobile tanks). Only one enterprise may engage in the retail trade in the same unpackaged petroleum products at the fuel filling station. The licence holder must, not later than within 30 days, notify the Licensing Authority of the liquidation or reorganisation of the enterprise, where the enterprise terminates its operation as an independent economic entity, as well as upon the transfer of ownership to other persons or upon the expiration of the contract on the basis of which the fuel filling station was operated, or where the enterprise does not carry out any activity at this fuel filling station.
The enterprise holding a licence to engage in the wholesale trade in unpackaged petroleum products or a licence to engage in the trade in unpackaged petroleum products supplied as fuel stocks for ships and aircraft, may keep the said products only at the terminal (storage) facilities (and deliver the products from them) the addresses of which are indicated in the licence, except for the cases when the enterprise delivers unpackaged petroleum products directly to the customer.
31. The enterprise holding a licence to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel may purchase them only from the enterprises which are legally engaged in the wholesale trade in these products.
32. It shall be mandatory that:
32.1. fuel filling stations and terminal (storage) facilities of unpackaged petroleum products have addresses to be indicated in the licence;
32.2. the licensed enterprise informs the relevant Licensing Authority about changes of the chief executive, owner or general partner of the enterprise, indicating the name, surname and personal number of a new chief executive, owner or general partner not later than within 10 working days from the commencement of his employment;
32.3. the licensed enterprise informs the relevant Licensing Authority about changes of any shareholder holding at least 10% of the shares in the enterprise, indicating the name, surname and personal number of a new shareholder or, where a shareholder is a legal entity, the name, legal form, code and registered address of that legal entity not later than within 10 working days from the acquisition of shares.
33. The licence to engage in the wholesale trade in unpackaged petroleum products and the licence to engage in the trade in unpackaged petroleum products supplied as fuel stocks for ships or aircraft may be supplemented by including additional addresses of terminal (storage) facilities of unpackaged petroleum products. In this case the licence holder shall submit an application to the Ministry of Economy accompanied by the required documents referred to in points 17.2-17.5 of these Rules.
The licence to engage in the wholesale trade in unpackaged petroleum products or the licence to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel may be supplemented by entering additional names and codes of unpackaged petroleum products into it. In this case the licence holder shall submit an application to the Licensing Authority indicating the number and issuance date of the existing licence, the names and codes of new unpackaged petroleum products to be included in the licence. The holder of the licence to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel, before starting operation of new tanks and fuel filling stations registered in the prescribed manner, shall also submit the required documents referred to in point 18.4 of these Rules.
A decision to supplement licences shall be made within 15 working days from the date of the receipt by the Licensing Authority of all the relevant documents. When not all the documents or incomplete (incorrectly completed) documents are submitted, the term shall be counted from the date of the receipt of all the required or revised documents.
34. The licence must be revised when the registered address, legal form or name of the enterprise indicated in the licence is changed, as well as when a new code is given to the enterprise in accordance with the procedure established by legal acts, or when the address of the business location (terminal (storage) facilities, fuel filling station) is changed, or when new names are given to residential areas, streets, buildings and constructions in accordance with the procedure established by legal acts. The licence holder must inform the Licensing Authority about changes of the registered address, legal form or name of the enterprise, as well as about the new code given to the enterprise not later than within 30 days and submit a justified application accompanied by the documents certifying the changed data.
The Licensing Authority shall revise the licence not later than within 10 working days, or when the legal form, name and registered address of the enterprise are revised or a new code is given to the enterprise – not later than within 30 days, from the receipt of all the required documents by the Licensing Authority. When not all the documents or incomplete (incorrectly completed) documents are submitted, the term shall be counted from the date of the receipt of all the required or revised documents.
35. It shall be prohibited in the Republic of Lithuania to sell, store or transport unpackaged petroleum products without legally valid documents certifying their acquisition and the document confirming their quality, or counterfeit unpackaged petroleum products, as well as unpackaged petroleum products intended for sale on the domestic market that fail to comply with the mandatory and environmental quality requirements.
36. Licences to engage in the wholesale trade in the remains of unpackaged petroleum products or the retail trade in the remains of unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel shall authorize enterprises to trade in the following products:
36.1. enterprises that previously were issued licences – only in the remains of unpackaged petroleum products acquired during the period of validity of that licence to engage in the wholesale trade in unpackaged petroleum products or the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel;
36.2. enterprises that previously did not hold licences to engage in the wholesale trade in unpackaged petroleum products or licences to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel, i.e. enterprises that acquired the said products for their own use – only in the remains of unpackaged petroleum products acquired before the date of the submission of an application for a licence to trade in the remains of these products.
When the enterprise holding a licence to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel at the fuel filling station sells that fuel filling station, then the remains of petroleum products may be sold together with that station to another enterprise holding a licence to engage in the retail trade in the remains of unpackaged motor gasoline, diesel (diesel fuel) automotive liquefied petroleum gas and biodiesel.
37. The licence holder shall be authorized to engage only in the trade in the unpackaged petroleum products specified in the licence.
It shall be prohibited to dispense liquefied petroleum gas into domestic gas cylinders or other containers (except for gas cylinders fitted in motor vehicles as part of automotive liquefied petroleum gas equipment) or possess installations to dispense household liquefied gas at fuel filling stations. This provision shall not apply to the enterprises which had gas dispensing stations installed before 1 May 2004.
VIII. RIGHTS OF LICENCE HOLDERS
38. Enterprises shall have the right to:
38.2. request explanations upon refusal to issue a licence and suspension or revocation of the licence;
IX. SUSPENSION AND REVOCATION OF LICENCES
39. The licence holder shall be warned of possible suspension or revocation of the licence when:
39.1. state surveillance institutions report in writing about breaches of the conditions of the licensed activity by the enterprise (except for the cases indicated in any of points 26, 30, 31, 35, 36 or 37);
39.2. the licence holder has tax arrears owed to the State budget of the Republic of Lithuania, municipal budgets or funds to which taxes are administered by the State Tax Inspectorate (except when the payment of taxes, fines and penalties is deferred in accordance with the procedure established by legal acts of the Republic of Lithuania or when a tax dispute concerning these taxes, fines and penalties is pending) and debts owed to the budget of the State Social Insurance Fund;
40. The licence shall be suspended when the enterprise warned of possible suspension of the licence fails to remedy the breaches referred to in point 39 of these Rules (except for the cases provided for in point 39.4) within the set period of time.
41. A specific period of suspension of the licence (not exceeding 90 days) shall be established by the Licensing Authority, upon submission of the Licensing Commission, taking into account the nature of the breach.
42. The licence shall be revoked when:
42.1. the enterprise is liquidated or reorganized upon termination of its operation as an independent economic entity;
42.4. the enterprise, after the suspension of the licence, fails to remedy the identified breaches of the licensed activity within the set period of time;
42.5. the enterprise, after the suspension of the licence, continues the activity indicated in the licence;
42.6. the licence holder fails to comply with the requirements set out in any of points 26, 30, 31, 35, 36 or 37;
42.7. the enterprise against the chief executive whereof, any shareholder holding at least 10% of the shares in the enterprise, owner or any general partner a judgement has become effective for contraband, illegal failure to take goods or products out of the Republic of Lithuania, illegal engagement in economic, commercial, financial or professional activity, or illegal activities of the enterprise if these criminal acts have been committed in the course of disposing of petroleum products has been warned by the Licensing Authority of possible suspension of the licence but fails to eliminate the causes which may result in the revocation of the licence within the set period of time;
42.8. the enterprise holding a licence to engage in the retail trade in unpackaged motor gasoline, diesel (diesel fuel), automotive liquefied petroleum gas and biodiesel transfers the ownership of the fuel filling station to other persons, or the contract on the basis of which the fuel filling station was operated expires, or the enterprise does not carry out any activity at this fuel filling station;
42.9. the licence holder has been warned of the suspension of the licence pursuant to point 39.4 and fails to accumulate the established amount of state stocks of petroleum products;
42.10. a court order becomes effective to initiate bankruptcy proceedings against the enterprise or a resolution is adopted by the creditors’ meeting to open extrajudicial bankruptcy proceedings;
42.11. the licence holder terminates its activities for a period exceeding two years or has not started activities within two years from the date of issuance of the licence. In this case the enterprise must submit a new application to the Licensing Authority to issue a licence in accordance with the procedure established by these Rules.
44. The licence shall be suspended and revoked by the relevant Licensing Authority upon submission of the Licensing Commission.
45. The relevant Licensing Authority shall, within three working days, inform in writing the enterprise about its decision to suspend or revoke the licence and give the reasons for suspending or revoking the licence.
46. Information on the suspension of the licence, the lifting of the suspension of the licence or the revocation of the licence shall be published in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios.
The notice shall specify the following data: the name, code and registered address of the enterprise, the type, number and issuance date of the licence, the address of the retail outlet of unpackaged petroleum products (fuel filling station), the date of the suspension of the licence, lifting of the suspension or revocation of the licence.
47. The revoked licence must be returned by the enterprise to the relevant Licensing Authority within five working days from the date of publication in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios.
Annex to the Rules
governing issuance of licences to engage in the trade in unpackaged petroleum products
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Name of unpackaged petroleum products |
Codes in the Combined Nomenclature of Goods*** |
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1. |
Motor gasoline: |
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1.1. |
Aviation fuel |
2710.11.31 |
|
1.2. |
Motor gasoline with the octane number less than 95 |
2710.11.41 |
|
1.3. |
Motor gasoline with the octane number higher than 95 and less than 98 |
2710.11.45 |
|
1.4. |
Motor gasoline with the octane number not less than 98 |
2710.11.49 |
|
2. |
Jet fuel |
2710.11.70, 2710.19.21 |
|
3. |
Gas oils: diesel (diesel fuel), heating oils and other gas oils |
2710.19.41, 2710.19.45, 2710.19.49 |
|
4. |
Liquid fuel |
2710.19.61, 2710.19.63, 2710.19.65, 2710.19.69 |
|
5. |
Automotive liquefied petroleum gas** |
2711.12.11, 2711.12.94, 2711.12.97, 2711.13.97, 2711.19.00 |
|
6. |
Biodiesel |
3824.90.99 |
*Unpackaged petroleum products refer to all petroleum products except for those that have been dispensed by manufacturers in containers of up to 10 litres in capacity (automobile and motorcycle racing fuel dispensed by manufacturers in containers of up to 50 litres in capacity).
***Codes are indicated in accordance with the Combined Nomenclature of Goods approved by Commission Regulation (EC) No 1789/2003 of 11 September 2003. It shall be prohibited to engage in the wholesale and retail trade in gasoline and diesel (diesel fuel) marked with codes that are not included in the list, unless other legal acts provide otherwise.
